1 MC221207.GUIBERSON.INV.SUPP MONTANA DEPARTMENT OF JUSTICE INVESTIGATIVE REPORT CASE NO: MC 221207 DATE: May 25 , 2023 AGENT: Don Guiberson INVESTIGATIVE REVIEW : State of North Dakota Cost Over Runs and Lease Procurement SUSPECT(S): Troy Seibel Former ND Deputy Attorney General Last Known Address 3438 Heartwood Dr SE Mandan, ND 58554 (720) 233 - 3352 Elizabeth Brocker Former Attorney General Executive Assistant Currently employed at Burleigh Co. State Attorney 344 Saturn Dr. Bismarck, ND 5850 (701) 222 - 6672 DETAILS: On June 29, 2022, the North Dakota Legislative Audit Financial and Review Committee (LAFRC) requested a review by the Office of the North Dakota State Auditor of a lease and build at 1720 Burlington Ave, Bismarck, ND. The Attorney General’s Office leased and moved to the property after approximately two years of negotiations, financial transactions, and construction . Question able charges surfaced regarding cost overruns, payments, and the original procurement process of the privately owned property Building owners alleged the Attorney Gene ral’s office was responsible for approximately $1,700,000 in cost overrun charges related to the remodel and additional new construction The Auditors review suggested possible relationships between contracted business owners and state government . The report prompted concerns about possible bias in state contracts The North Dakota Auditors Office was given 90 days to complete the review. North Dakota State Auditor Josh Gallion reported and presented review findings to the LAFRC on September 27, 2022. (In file) 2 MC221207.GUIBERSON.INV.SUPP The Auditors’ findings prompted LAFRC to request the Attorney General to locate a n outside agency to investigat e specifics of the 1720 Burlington project. Attorney General Drew Wrigley contacted Montana Di vision of Criminal Investigation (DCI) a nd request ed an investigation into the project. An MOU was signed and I, Agent Don Guiberson, was assigned the investigation. Attorney General Wrigley appointed me as a N orth Dakota Law Enforcement Agent for the purposes of this investigation. On October 28, 2022, the Attorney General’s office , now occupied by Drew Wrigley , received a n 800 - page report ( M emo) from Attorney Monte L. Rogneby of Vogel law firm in response to the Auditor ’s re view . Rogneby represents Stealth Properties LLC and its members. The “memo”, and its contents will be referenced throughout the investigation. The memo contains open - source information not otherwise available as members of Stealth Properties, though thei r attorney declined an invitation to be interviewed. There are several emails in the memo that are not in chronological order and have odd time l apses. This report does not include all emails provided in the memo. The entire memo is included in the case file. The include d emails are intended to highlight pertinent investigative information. It is unknown if every email in the possession of Stealth Properties LLC, Parkway Properties LLC, related businesses, or individuals were included in the memo. In the Auditors interview , Dockter state d he turned over all the emails in his possession. The memo was also posted on the website of a talk radio program in Bismarck called “Plain Talk” E pisode 376 of Plain Talk was played a week after the memo was g iven to Attorney General Wrigley The episode contains an interview with Jason Dockter discussing the 1720 Burlington project. Jason Dockter Partial Owner of Parkway Property Management LLC Partial Owner of Frontier Contracting LLC Partial Owner of Stealth Properties LLC Partial Owner of D & S LLC Owner of Frontier Payroll Services LLC N orth Dakota House of Representatives 2025 Pebble view Loop Bismarck, ND (701)258 - 9848 (701)214 - 0486 cell Email accounts of then Attorney General Wayne Stenejhem and Deputy Attorney General Seibel were deleted prior to the investigation and found to be unretrievable. All emails including Troy Seibel ’s were obtained from other sources. Very few emails including Stenejhem could be located. 3 MC221207.GUIBERSON.INV.SUPP Beginning in 2016 , there was a desire by the Attorney General’s office to relocate and consolidate divisions . On December 1, 2016, Troy Seibel was appointed Chief Deputy Attorney General by Attorney General Wayne Stenejhem. There were specific departmental needs which were lacking in divisions at present location s . There was a desire to consolidate all divisions in one space, increase square footage , and obtain custom areas for specific division s The Bureau of Investigation (BCI)’s lease on State Street was to expire in July of 2021. The division was dissatisfied with the current property for several reasons, including lack of space and maintena nce A storage garage was located at State Street , but not on Burlington. A garage was a BCI necessity which eventually would have to be included as a new build for proper operation of the division. In 201 8, there was a tour of the Salinx Elementary school by members of the Attorney General’s staff for po tential relocation Attorney General Wayne Steneh j em was interested in the space and plans for a renovation were drawn. According to Director of Facilities John Boyle , the 35,000 square foot school was in negotiations for approximately $400,000 T he original discussion included plan s to appropriate approximately $1,000,000 into a remodel. The attempt to relocate was unsuccessful. The lengthy legislative approval process, and the slow government accusation process were cited as the reason another entity was able to purchase the property before funding could be secured. Officials toured the former Sears building and concluded it did not meet the agency’s needs. Several agency employees preferred to be located on the North side of Bismarck due to the proximity of other government agencies, as well as their homes. The blueprint plans for the proposed school renovation were later used in the initial phase of the pro perty at 1720 Burlington Street. Starting i n late May of 20 19, officials at the Attorney General’s Office exchang ed emails with Jason Dockter regarding real estate for a new location. Dockter has partial ownership in real estate , construction , property management , and related businesses Dockter has been a n elected member of the North Dakota House of Representatives since 2012. September 2019 emails show Dockter asking Deputy Attorney General Troy Seibel for a “letter of intent” regarding leasing space at 1720 Burlington. Seibel responded that attorneys in his office were in the process of review. A September 27, 2019, email was the last email provided by Stealth’s attorney regarding acceptance of their offer to purchase. On December 2, 2019, an email exchange between Seibel and Dockter discuss es a meeting with an architect. It appears discussion and intent of the Office of the Attorney General to lease the property were already being finalized . This was prior to the December 2019 preliminary agreement by PPM to purchase the building and their $30,000 down payment This indicates knowledge of the tenant prior to purchase. 4 MC221207.GUIBERSON.INV.SUPP In December of 2019 Parkway Property Management (PPM) entered into a preliminary agreement to purchase the property at 1720 Burlington Street and placed $30,000 in earnest money. Prior to PPM’s preliminary purchase agreement for the property at 1720 Burlington , there were several contacts made between the Attorney General’s office and owners of PPM Jason Dockter, and CJ Schorsch CJ Schorsch Partial Owner D & S LLC Partial Owner Stealth Properties LL C 218 First St. Bismarck, ND 58501 After months of contact between the Attorney General’s office and members of interested LLC’s, an email was sent o n February 24, 202 0 , to division directors from Deputy Attorney General Troy Seibel: o From: Seibel, Troy T. Sent: Monday, February 24, 2020 8:08 AM To: Grabowska, Lonnie ; Smith, Heidi J. ; Nelson, Douglas D. ; Miller, Randall C. ; Grossman, Parrell D. ; Spahr, Marina Subject: New AG Building DDs, We have been approached with a proposal by a developer to develop a new AG building, which would enable us to consolidate many of our divisions spread around Bismarck (this building contemplates BCI, IT/CJIS, Fire Marshal, MFCU, CPAT, and Lottery). The price is right and it looks like things would work. They would begin a remodel of the existing space and construct an addition. The process would take approximately 18 - 24 months (although they are assuring us we could be in by July 1, 2021). I have attached the proposed drawing of the building. Don’t get too hung up on the details and layout of the interior. I can see we will already need to see some changes. However, I want to be sure the basic concept works before we make a firm commitment. Please review the plans and let me know your thoughts. Obvio usly there are a lot of details to be worked out. However, like I said, I just want to be sure the basic concept works because they are wanting a commitment from us before moving forward . Now for the wrinkle...they need to know by the end of this week because of a bunch of moving parts (purchase options, existing leases, etc.). So, let me know your thoughts ASAP. Thanks. Troy T. Seibel Chief Deputy Attorney General Office of Attorney Genera l 600 E. Boulevard Ave., Dept. 125 Bismarck, ND 58505 701 - 328 - 2210 tseibel@nd.gov Several email responses were from division directors who stated concerns and provided constructive input. Some directors were immediately opposed to the idea. The email states a n expedited lease commitment needed from property owners . Seibel and Dockter emails show discussion had been occurring for some time. Seibel directed opinions be submitted by weeks end (( February 28, 2020 ) . (In file under emails to DCI from Auditor) It is obvious from dated emails Jason Dockter and Troy 5 MC221207.GUIBERSON.INV.SUPP Seibel had been discussing the building for the previous several months. A September 2019 email Dockter asks Seibel for a “ letter of intent ”. An email from Dockter to Seibel on September 17, 2019, states : “Troy We have met with the realtor and the architect and have everything ready to go. Could we get a signed letter of intent soon to move forward with the process? Thanks, Jason On May 29, 2020 , Parkway Propert y Management finalized the purchase of the property at 1720 Burlington Avenue. Through their memo , owners of Parkway Property Management reported the property was “assigned” to Stealth Properties , and Parkway was now act ing as the property manage ment company Some businesses and LLCs are intermingled with owners and members who have a financial interest in one an other The entities were involved in negotiat ion, procurement , construct ion , and remodel ing phase s of the project. o Stealth LLC owners: ▪ Jason Dockter ▪ CJ Schorsch ▪ Mike Gietzen (Partial Owner of Northern Plains Plumbing) ▪ Mike Luther ▪ Alex Schimdt ▪ Mark Aurit ▪ Craig Dockter ▪ Jed Fluhrer (First International Loan Officer) ▪ Signee listed as Marie Brown o Frontier Contracting LLC Owners: ▪ Jason Dockter ▪ CJ Schorsch o Parkway Propert y Management Owners ▪ Jason Dockter ▪ CJ Schorsch E ntity status and number of employees for the se businesses was requested from North Dakota Workforce Safety and Insurance (WSI) employer Services/PHS Division. WSI status is as follows: o Entity Name Status with WSI 6 MC221207.GUIBERSON.INV.SUPP ▪ Frontier Contracting LLC Cancelled 12/31/18. ▪ Stealth Properties not on file ▪ Parkway Property Management not on file ▪ D&S LLC Active Account Employer payroll report s appear to combine a business called “Front i er Payroll” and “D & S LLC” for payroll with the same Federal Tax ID number and Employer account number. CJ Schorsch is listed as President and Jason Dockter as Secretary. Documentation suggests th e Attorney General’s office did not request bid s, nor was involved in any vetting of subcontractors. It appears Parkway Property M anagement, Stealth Properties, and Frontier contracting were making those decisions. D uring the 2019 legislative session , Jason Dockter, a member of the North Dakota House of Representatives had an informal conversation with Lonnie Grabowska, Division Director of the Bureau of Criminal Investigatio n (BCI). Stealth claims this initiated the discussion with Dockter regarding his assistance in locating a building for the Attorney General ’s re location. Monte L. Rogneby esq. Vogel Law Firm 200 North 3 rd St. Suite 201 Bismarck, ND 58501 (701)258 - 7899 Dockter argued in his “Plain Talk” interview the Auditors Office could have reached out to him for questions I contacted Dockter’s Attorney Monte Rogneby to request to speak with Dockter as questions remained. I was informed by Rogneby no Stealth Owner s would agree to an interview Throughout the entire 1720 Burlington project, Frontier Contracting LLC , Parkway Property Management , and Stealth P ropertie s LLC are significantly utilized in most phases of procurement, construction, and remodeling. D and S is an LLC owned by Jason Dockter and CJ Schorsch. The memo states Parkway Property Management and Frontier Contracting “do business” under Parkway M anagement. Investig a tion later finds Frontier Contracting cannot use the contracting license held by Parkview or D & S as described. An email from Barbara Seigel at the Secretary of S tate to Dan Cox of the Auditors office reads: o Dan – Attached is the most recently filed Annual Report for Frontier Contracting LLC (for 2021). The next one is due November 15, 2022. 7 MC221207.GUIBERSON.INV.SUPP We also have an initial filing (Articles) from 2016; Annual Reports for 2017, 2018, 2019, and 2020; and an Address Change of Principal Executive Office in 2020. If you want copies of any of those, let me know. I will note that the first two Annual Report s listed both Jason and Charles as management; then, in subsequent years, only Charles (although Jason remained as Registered Agent). Frontier Contracting LLC does not have a current contractor license. We could also not find where they have ever applied for one. Barb Barbara A. Siegel Director|Secretary of State’s Office (701) 328 - 3737 basiegel@nd.gov On the “Plain Talk’ interview Dockter stated Frontier was doing business under D & S’s license, and this could have been the issue in the audit. Dockter state s invoices should have been billed as Frontier “doing business” under D & S. Dockter said the billing was a mistake. He also s aid Frontier had no employees. D and S LLC registered its contracting license on August 23, 2019. The registration date occurred after talks with the Attorney General’s office began. The license information is located on the North Dakota Secretary of State website: Contractor Registration - 8/23/2019 Amendment Type Contractor Registration SOS Control ID # 0002878607 Date 8/23/2019 Sandra Bogaczyk Community Development Planning Division City of Bismarck 221 N. 5 th St. Bismarck, ND 58506 (701)355 - 1840 I received t he following email after requesting information from the North Dakota Secretary of State’s Office. o “ Agent Guiberson, o Good morning! I am reaching back in response to the questions you asked of Barb Siegel on our team. Essentially, you had two questions: 8 MC221207.GUIBERSON.INV.SUPP Is it legal, or approved for frontier and Parkway to operate under D and S’s license? o A contractor’s licenses issued to an LLC can operate under a trade name owned by the LLC. Based on our records “D & S LLC” does have an active contractors license, and “Parkway Property Management” shows it is owned by “D & S LLC.” We do have an active LLC with the name “Frontier Contracting LLC” and we have an expired (Oct. 2021) trade name of “Frontier Contracting” that was owned by “Frontier Contracting LLC”, however we could not find a contactors license for this LLC. o A trade name owned by a business acts as a DBA (doing business as) name. If an LLC has a contractor license, they may operate under their LLC’s name or a trade name that LLC may own. So, since D & S LLC has a contractor license, they may operate under that license as D & S LLC or under their trade name Parkway Property Management. We couldn’t find a contractor license for Frontier Contracting LLC, and the now - expired trade name of Frontier Contracting was owned by Frontier Contracting LLC, not by D & S LLC. Do you have any guidance on who I could contact in ND Government to obtain the number of employees an LLC is claiming? o There are three government entities that would receive some information on number of employees for an LLC. In order of where I think you’ll get the best answers: Job Service North Dakota (re: unemployment), Workforce Safety & Insurance (workers compensatio n), and potentially the Office of State Tax Commissioner (withholding). We hope this helps you in your research. I’ve attached the North Dakota Century Code reference that deals with contractors for your information as well. Please feel free to reach out if you have further questions. Thanks, Sand y C arpet and similar products were a major expense. Carpet World Employee Marty Hopkins stated CJ Schorsch picked up $80,719.28 of carpet product to install themselves. I t appears Frontier contracting was doing work without a contractor’s license as it did not fall under Parkway Property or D & S LLC’s license. Frontier Contracting LLC charged $73,235 for carpet and supplies (pg. 29 Auditors report). A F rontier Contracting invoice billed to 1720 Burlington Drive on April 26, 2021, reports a total of $73,235.00. The “carpet and sundries” supplies are listed at $37,000 . The remainder of the invoice was for drywall, bulbs, dump trailer and labor for disposal. Carpet World also billed $80,719.28 for carpet tile. Labor does not appear on this invoice and C arpet W orld confirmed they did not install the product. Carpet W orld staff said CJ Schorsch picked up the material from their warehouse. An invoice from Frontier dated April 26, 2021, includes a bill to “1720 Burlington Drive” for labor as “Dump trailer and labor for disposal” occurr ing on March 10, 2021. The carpet , sundries, and d rywall service dates were listed as the same day as the invoice. The invoice includes handwriting “pd 4 - 26 - 21 ck 3132”. Dates of service, d ate of i nvoice, and i nvoice marked as paid all are dated A pril 26, 2021. This suggests once again Front ier did the work of installing the carpet without a license. Marty Hopkins Carpet Garage 9 MC221207.GUIBERSON.INV.SUPP 2300 E Bismarck Expy Bismarck, ND 58504 (701)258 - 935 0 On March 6, 2023, I spoke with Marty Hopkins from Carpet Garage and discussed billing to Parkway Properties. Ho p kin s said supplies are normally delivered to the work site. T he invoices show some are shipped to Parkway Property Management at 218 S 1 st street, 4023 State St #60, and others to PO Box 7459. An invoice of $1224.16 from Carpet Garage in October 2020 was billed to Parkway Property Management at 4023 State Street. A handwritten note on the bill says “1727 Grandview”. A google search shows 1727 Grandview as an apartment Complex. All are billed to Parkway Property Management. Questions and concerns arose of a possible duplicate billing from Carpet World labeled “ Labor $1350” (Memo PG 630). An order and i nvoice were found separately for $1343.71 T he billing process for Carpet Garage send s an invoice, then an order to the customer. This was not charged or paid as a duplicate bil l. Dan Cox of the Auditors office North Dakota State Auditor Office’s 600 E. Boulevard Ave. Bismarck, ND 58505 (701)328 - 2241 On “Plain Talk ”, Dockter states if the Auditors had asked questions prior to their report, cost issues related to CAM charges could have been resolved. It appears on page 501 - 506 of the Vogel memo itself ; Dan Cox of the Auditors office d id ask these pertinent questions. Cox confirmed he asked these questions. Billing from Stealth Properties, Frontier Contracting, and Parkway Management appear to send invoices under the same computer spread sheet program. Jason Dockter owns or has an interest in several LLC’s and business es including Front i er payroll services. Audit Manager Lindsay Slappy North Dakota State Auditor 600 E. Boulevard Ave. Bismarck, ND 58505 (701)328 - 2241 Audit Manager Lindsay Slappy of the North Dakota Auditors office was involved with the requested review by L A FRC. Slappy states she was unaware of the memo compiled by Stealth Property Attorneys until hearing a November 2, 2022, local radio talk show broadcast. Audit Manager Slappy was surprised by the information Dockter provided because it was never mentioned or furnished by Dockter , during his Auditor interviews. One of the most surprising revelations for Slappy was when Dockter revealed Stealth would be providing over $200,000 back to the AG’s office. Slappy said th e November 10 MC221207.GUIBERSON.INV.SUPP 2022 radio program was the first time any type of re payment was mentioned Slappy stated reconciliation of payments, re payments, or refunds were never brought up by Dockter or Schorsch during, or after audit interviews. The project was completed and occupied by the Attorney General’s office in November of 2021. L F ARC requested the Audit of the project on June 29, 2022, well after the project was completed The memo drafted in October 2022 was the first document I could locate which mentioned repayment . Stealth’s original reconciliation and request was for 1.7 million dollars . Slappy questioned the timing, and reasoning behind the repayment as it could have been calculated prior to the billing, alleged discussions of $400,000 a ddition to the lease, and the L F A RC investigation request Interviews of Auditor Office Employees present during meetings with Dockter and Schorsch said neither disclosed their ownership interest in subcontractor LLC’s . Schorsch and Dockter never mentioned any type of repayment, even as overages were discussed. The issue of financial reconciliation , post construction and Auditor review is significant Lonnie Grabowska Director ND BCI 1720 Burlington Ave. Bismarck, ND. 59504 (701)328 - 5500 The memo provided by Vogel Law Firm on behalf of Stealth LLC states BCI Director Grabowska told Dockter the Attorney General’s office had been looking to re locate. Dockter asked if Director Grabowska wanted assistance in looking for a building. Grabowska indicated it was acceptable. I spoke with Director Grabowska who believed the brief meeting was during the time of a legislative session Grabowska said he was getting into his car and was approached by Dockter who he had known most of his life Grabowska described the chance meeting as unremarkable Grabowska said he does not recall specifics of talking about the relocation . Gra bowska told me Dockter would have already known the Attorney General was looking to relocate before this conversation Emails provided by Rogn e by (memo Pg 14) show email communication between Dockter, Seibel, Grabowska, Liz B r ocker, Heidi Smith, and Douglas Nelson starting on Sunday May 26, 2019. The first email supplied is from Grabowska to Dockter and Cc’d to Deputy Attorney General Troy Seibel. The email subject line reads: o “Preliminary plan for NDBCI/FM/AGIT - CJIS “Jason, Here is a copy of the preliminary plans we had created by J2 for Saxvig school. This plan does not include the AGIT or CJIS Division. AGIT is currently at in our building at 4205 State Street with approximately 4,211 square feet and CJIS is at Nort hbrook mall with approximately 1,857. NDBCI is currently at 19,165 with FM at approximately 1,700. We would be looking at around 40,000 square feet that would include conference rooms, a training room, evidence room , firearms storage room, etc. We would also be looking at staying close to that 40,000 sq feet 11 MC221207.GUIBERSON.INV.SUPP so we can have room to expand for all (3) Divisions over the next 10 to 15 years. Thanks Jason, Lonnie ”. The emails were not provided entirely in chronological order. The memo ’s next email chronologically , is dated June 6, 2019 (memo pg. 13). The email is from Grabowska to Dockter and Cc’d to Seibel, Grabowska, Liz B r ocker, Heidi Smith, and Douglas Nelson. The email states that Grabowska had met with Seibel and reads : o “we would like to set up a meeting date to have you and your partner come to NDBCI to meet with the following: NDOAG Chief Deputy AG Troy Seibel NDOAG AGIT/CJIS director Heidi Smith NDOAG state Fire Marsshal Doug Nelson NDOAG NDBCI Lonnie Grabowska With th e plans for Saxvig school being shared below, we would like to meet with you and see about the possibility of your business working with the NDOAG on a public/private partnership for a possible headquarters building for NDBCI, AGIT/CJIS and the Fire Marsha l” The email discusses planning a meeting. The next email provided by Stealth and Dockter ’ s attorney is not until June 25, 2019, the chain continue s until June 27, 2019. The next email dates begin on July 22, 2019, and then August 15, 2019. These emails describe setting up meetings between interested parties. An email dated Thursday, September 5, 2019, to Troy Seibel from Jason Dockter, subject line reads: o “Letter of Intent” . The email goes on to say “Troy, Would anytime tomorrow afternoon work to go over the letter of intent? Thanks, Jason”. o Seibel responds on September 6, 2019, stating he will be out of town until the following week. An email to Seibel from Dockter on September 17, 2019, states o “Troy We have met with the realtor and the architect and have everything ready to go. Could we get a signed letter of intent soon to move forward with the process? Thanks, Jason”. Emails included in the memo have numerous communications between Jason Dockter Jason@fpspayroll.com) and Troy Seibel ( tseibel@nd.gov ). An email in a chain to Seibel from Dockter, dated September 24, 2019, with “Letter of Intent” written in the subject line states: o “Troy, I have an interim tax meeting tomorrow at the Capitol. If you have the letter of intent ready, I could swing up to your office and pick up the letter. Let me know. Thanks, Jason”. Seibel responds by saying “I had asked one of our lawyers to get it in final form for my signature. I’ll follow up with her.” Email suggests Dockter will be meeting Seibel at Capitol during a legislative session where Dockter is engaged in state business. 12 MC221207.GUIBERSON.INV.SUPP Stealth claims the purchase of the building was not contingent on a lease agreement, but the loan for the additional new construction was required. No other emails were provided in the memo by Stealth’s attorney dated between September 24, 2019, and November 27, 2019. An email on November 27, 2019, was sent from Dockter to Seibel and Cc’d to (PPM) Parkway Property Management and used primarily by CJ S chorsch. The email (pg. 48) to Seibel reads: o “Troy We found out last night that they accepted our offer. We are now in the due diligence phase of the project. Let me know some dates and times that work for you so we can meet with the architect and get the ball rolling. Have a Happy Thanksgiving. Thanks, J ason ”. On December 10, 2019 , days after the offer was accepted, Stealth Properties LLC was formed, and paperwork was filed with the Secretary of State The remaining emails provided in the memo by Vogel Law Firm begin to include CJ Schorsch. D rawings and some architectural plans were being exchanged. The bulk of the emails discuss scheduling meetings. In January of 2020, emails indicate architectural plans are being discussed in detail between Dockter and Seibel. In February 2020, Bartlett and West engineers begin to exchange email s and mention a meeting with Dockter and Deputy Attorney General Seibel . It appears emails between PPM, Dockter, Seibel , which were being CC’d to others become infrequent. On March 1, 2020, there was an email written to ND Facilities Director John Boyle from Jason Dockter (memo pg. 76) . The subject line reads: “State Lease for Attorney General Space”. o A following attachment received by Jason Dockter from PPM is included “Stealth Lease 3 - 1 - 20.docx; Attachment A 3 - 1 - 20 pdf”. o Boyle’s response (memo pg. 77) to Dockter: “ I still think the rent is to high. I will email you my rate of return calculation for the property so you know how I am drawing my conclusions”. Dockter asks Boyle if he had spoken with Seibel regarding the lease. This is the last email correspondence I could find where Dockter or Seibel had contact with Facilities Director Boyle. In a later conversation with Joe Larrivee of Bart lett West Engineering, he states he informed CJ Schorsch he did not want to “deal” with Boyle. Lar r ivee advised Schorsch Boyle made things difficult, and he would only work with Schorsch. La r rivee said this was a verbal agreement, and he does not recall having any further contact with Boyle. 13 MC221207.GUIBERSON.INV.SUPP On April 20, 2020, Dockter emails Seibel: o “Troy Let me know the days and times that work for you and Wayne to walk through the building. The seller gave us a few more days to get the deal done.”. On April 22, 2020, it appears Dockter conducted a walkthrough of the building with individuals including Attorney General Wayne Stenehjem , Deputy Attorney General Troy Seibel, and Kyle Hellman of Office Space Solutions. On April 24, 2020, a building lease at 1720 Burlington to house the Attorney General’s office was signed by CJ Schorsch, Boyle, and Seibel. Boyle informed me he later negotiated a lower square foot price before signing the lease that Seibel approved. On Wednesday, July 15, 2020, an email with no message from Dockter to Seibel has a subject line that simply reads: (memo pg. 95) o “Accepted: State Building” The continuing emails appear to only include Dockter, Seibel, and CJ Schorsch (memo pg. 112) . These emails include a conversation regarding furniture provided by DHS and its $3000 expenditure. On August 5, 2020, it appears email conversations begin with Engineer Joe Larrivee at Bartlett West (memo pg. 117 - 118) . Revision requests from BCI Director Grabowska are discussed and listed. Grabowska’s email states: o “ I hope you will give me a call when you’re free, if I am in a meeting, I hope you’ll call back after your meeting with Troy so we can discuss these points”. Grabowska looks to be continuing to make certain Seibel is aware of his requests for c hanges On August 5, 2020, Joe Larrivee emailed Dockter (memo pg. 118) o “ Jason , We are making revisions per Lonnie’s emails now. They weren’t that bad. Please forward to Troy first and he can weigh in on them as well. Hopefully this will be the end of the changes so we can move forward. Thanks ”. On August 6, 2020, there w as a group of emails exchanged between several department heads, engineers, workspace experts, and others in the Attorney General’s office. The email originates from Lonnie Grabowska at BCI and discusses several suggested workplace changes and questions of builders (Memo pg. 146 - ) . In a portion of the email Grabowska writes: 14 MC221207.GUIBERSON.INV.SUPP o “Additional Topics to share:” number 3 states “I met with Troy yesterday about the size of the increased garage. CJ and Troy met on Tuesday to look at the diagram. CJ is advocating for the increased garage space for the building. Troy is deciding the size of the garage based on increased cost. I advocated heavily to have Troy allow full garage expansion so we have the most space possible for the future. If you (Heidi or Doug) want to reawch out to Troy and offer your support of the full garage, please feel free to.”. The email also states that Troy is brining MFCU and AGIT moving to building. Dan Cox of the Auditors office asked CJ Schorsch in a n August 24, 2022 , email when the decision was made to build the garage. Schorsch responded: o “The decision was made in December of 2020” and “ The construction began in mid - December 2020 .” Email c ommunication show s discussion s involving the garage as early as August of 2020. If this is accurate, and the final decision to add the garage was not made until December 2020 , project costs would have drastically increased Emails on August 6, 2020, clearly show inputs and requests to Parkway, Bart lett W est, workspace experts, and others (Memo pg. 155 - ) . The emails provided by Stealth’s attorney suggest Troy Seibel was being notified and information was being forwarded to him On August 6, 2020, Dockter emailed Joe Larrivee at Bart lett W est who provided engineering and other building services for Parkway properties (memo pg. 117) . The email states: o “Joe, Looked good. Troy should be giving us an answer tomorrow. Thanks, Jason”. On August 9, 2020, Jason Dockter sends the following email to Joe Larrivee suggesting Seibel is continuing to be notified and approving changes and the increase in garage space which would have significantly added to project costs (memo pg. 121) : o “ Joe I talked to Troy and he is good with the new charges and adding the additional space to the shop. Those will be the last changes to the plans. What is the total square footage of the entire project? Thanks, Jason ”. On August 10, 2020, John Nelson from Bart lett W est sends an email to Dockter and Joe Larrivee at Bart lett W est (memo pg. 120) : o RE: State Building”. “Joe, The gross building area area as follows: Remodel:20,500 SF Addition: 12,775 SF Let me know if you need anything else, John Nelson” 15 MC221207.GUIBERSON.INV.SUPP T he building’s square footage including the addition is less than the original desired size of 40,000 sq. ft . The original building in its entirety is approximately 40,000 square feet Prior to the Attorney General ’s lease, it was known Health and Human Services was occup ying and would continue to occupy approximately 20,000 square feet The remodel was designated for 20,500 square feet. The addition for BCI was to be 12,775 square feet. The entirety of the Attorney General space is 33,275 square feet. The addition of the 12,775 is a completely new addition, whi ch is a private buil d to suit property without state ownership. Grabowska said prior to the lease being finalized , BCI understood they would be retaining storage property at their previous location . Grabowska said Seibel later informed him that after construction, and after the move, BCI would not be keeping the current storage space and would be moving to additional space on Burlington. The initial project proposal include d the Medicaid Fraud Unit being housed in the Burlington building which did not advance T he unit continues to lease at a standalone location which is paid through a separate lease. On January 4, 2021, Heidi Smith at the Attorney General’s office provided a diagram and stated BCI, AGIT, CJIS, MFCU, CP, lottery and FM were considered for occupying the Burlington building. After the move, an approximate decrease of 6000 sq feet was occupied by only BCI, FM, and AGIT compared to their previous location. Hallways in the pre vious location w ere responsible for some square footage and the new location provided an open floor plan. I observed a substantial quantity of files in a large open room located in the middle of the Burlington building. Offices are situated on the outer pe rmitter of the large room. The files take up most of the building which appears to limit workspace. The Division of Consumer Protection and Lottery previously shared a building located on the north side of Bismarck. CJIS was in a north Bismarck standalone prior to the move Pharrell Grossman Director North Dakota Consumer Protection 1720 Burlington Ste. C Bismarck, ND 59504 (701)328 - 9933 Several agency directors whose divisions would be affected were excluded from consultation on specifics of the project. Co n sultation is not required; however, most of their input regarding cost and occupational needs appeared to be ignored. Mr. Grossman of Consumer Protection was adamantly opposed to the move which decreased the size of their workspace. On August 20, 2020, Engineer Joe Larrivee of Bart lett We st emailed Dockter : 16 MC221207.GUIBERSON.INV.SUPP o “Jason, We are closing in on a permitting set for the City. Should have verification of loads for the penthouse by Monday and will wrap up structural, civil and architectural plans next week.”. Emails continue between La r rivee, Dockter, Schorsch, and Seibel. The emails are primarily scheduling meetings. On August 28, 2020, Mike Neufeld of Bart lett W est sent an email (memo pg. 141) to others at Bart lett W est with the subject line reading : o “NDA Structural Drawings”. “All - Updated structural drawings. Only change to this set is the foundationdesign for woner preliminary use. If they use these foundation drawings, please note that additional changes to the building could cause footing sizes to change. Also, this does not include the atrium yet”. The changes reveal costs will rise. Mike Neufeld Bartlett West 3456 E. Century Ave. Bismarck, ND 58503 (785)272 - 2252 On September 9, 2020, emails continue, and several changes are requested by Casey Miller and Grabowska of BCI . The requests reference the new build and furniture. As emails continue it seems evident Troy Seibel at the North Dakota Attorney General’s office is aware of BCI’s requested changes and is making decisions based on requests. On September 14, 2020 , there was an email from Larrivee to “ ’PPM, ‘Jason Dockter’ ” The subject line reads : o FW: NDAG - Plan Update - 09/14/2020” “Latest changes picked up from Friday afternoon ”. On the same day the plans are sent to Seibel from PPM signed by CJ o “Here you go Troy for your approval ”. On September 9, 2020, an initial lay out invoice is sent to NDAG from D & S LLC DBA Parkway Property Management for $5000. It appears this may be one of very few bills sent to the Attorney General’s office as of Sept 9, 2020 Joe Lar r ivee Bartlett West 3456 E. Century Ave. Bismarck, ND 58503 17 MC221207.GUIBERSON.INV.SUPP (785)272 - 2252 (701)221 - 8369 On February 13, 2023, I spoke with Joe Lar r ivee at Bartlett West E ngineering. Lar r ivee said he originally met with Dockter, Schorsch , and Seibel about the project Lar r ivee said it was extremely rare for all three to be together when project discussions took place La r rivee said CJ Schorsch was their primary contact. Lar r ivee said all bills and invoices Bartlett West sent were directed to PPM. The original complete d and schematic plan quote s were requested by PPM , but John Boyle “did not want to pay that amount”. Bartlett West desired the project, and says a contract was signed on June 29, 2020, but they w ould only work with PPM and not John Boyle as he made projects difficult La r rivee wanted contractual wording stipulating they would only deal with PPM. Larrivee said costs quoted to PPM were extremely reasonable by industry standards. La r rivee s tated no other division heads would directly contact them with changes, all changes were with PPM approval. According to Lar r ivee , the original plan included 2,900 square feet of new space and a 20,000 square foot remodel . La r rivee confirmed if measurements included H ealth and H uman S erv ice s , the original building would have been approximately 40,000 square feet Initially, Grabowska said the desire was t o house all divisions in a 40,000 square f oo t space The Health and Human Services lease would consume half of the original space and is not a division under the Attorney Generals supervision Lar r ivee claims he ha s been involved in several projects includ ing state government projects , and this project was oddly much easier Lar r ivee’s opinion is without being directly involved in design , leasing turnkey businesses after remodel is a mistake . As it appears , design communication was between only Bar t lett West and PPM T here were small projec